S-3959.1  _______________________________________________

                         SENATE BILL 6242

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Spanel, A. Anderson, Snyder, McDonald, Haugen and Kohl

Read first time 01/09/96.  Referred to Committee on Natural Resources.

Requiring management of salmon fisheries for harvest by Washington citizens.

    AN ACT Relating to managing of salmon fisheries to assure harvest by Washington citizens of their full nontribal share; adding a new section to chapter 75.08 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that current management of salmon fisheries often results in citizens of the state of Washington receiving less than the fifty percent or more of available harvest assured to them by federal court decisions establishing treaty Indian fishing rights.  A clear policy is needed to clarify the intent of the legislature that, whenever legally appropriate, salmon fisheries be managed so as to assure that Washington citizens receive their full, lawful fifty percent or more share of available harvest to the full extent such harvest is not set aside for Indian tribes under federal law.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.08 RCW to read as follows:

    To the extent as is consistent with federal law, Washington salmon fisheries shall be managed so that Washington citizens receive no less than a full, fifty percent or more share of available harvests with applicable northwest treaty Indian tribes.  Nothing herein shall be construed to diminish nor affect the fishing rights set aside for said tribes pursuant to their treaty rights under federal law.  In those years in which the uncertainties of management result in less than the full, lawful fifty percent or more share required by this section being achieved, equitable adjustment principles provided for in federal law shall be utilized to assure that such shortfalls in harvest are made up in future years and so that Washington citizens receive their full lawful harvest share over time.

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